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학술논문가족법연구2018.07 발행

가족관계등록부의 공시기능과 개인정보보호

Publicity of Status Registration on Family Relation Registration Act and Protection of Personal Information

이지은(숭실대학교)

32권 2호, 67~96쪽

초록

This study examines the implications of the protection of personal information in the family registration system, and examines the problems and related legislative changes discussed in relation to the protection of personal information in the Family Relations Registration Act. In addition, we reviewed the remedies for the remaining issues in the protection of personal information. The Family Relations Registration Act has institutionalized various kinds of certificates after several revisions, and subdivides the disclosure contents according to the requesting party. In this process, it can be said that the family relationship registration system has advanced in the direction of allowing only the minimum necessary disclosure in disclosing the information related to the identity. The problems caused by the disclosure of information about the individual identity are closely related to the life of the general public, so the issue of disclosure of the contents of the family register and the presentation of alternatives have been actively discussed. However, the result of the amendment of the Family Relations Registration Act seems to be inferior in terms of privacy protection. Even if the change of the perception of the family has been made, it should take utmost caution in terms of protection of personal information. First, it is subjective to judge whether or not the personal information to be concealed is confidential. If they do not want the disclosure, they will have to limit disclosure. Second, identity information with personal value is characterized by the fact that it is harder to recover than personal information with property value at the time of leakage. The consequences of personal information infringement are likely to be less likely to recover than any type of loss. Therefore, when collecting and using personal information about the individual, the state should gather only the necessary information and disclose the minimum information. Also, in the revision of the related laws, the protection of personal information should be prioritized rather than administrative efficiency or rationality.

Abstract

This study examines the implications of the protection of personal information in the family registration system, and examines the problems and related legislative changes discussed in relation to the protection of personal information in the Family Relations Registration Act. In addition, we reviewed the remedies for the remaining issues in the protection of personal information. The Family Relations Registration Act has institutionalized various kinds of certificates after several revisions, and subdivides the disclosure contents according to the requesting party. In this process, it can be said that the family relationship registration system has advanced in the direction of allowing only the minimum necessary disclosure in disclosing the information related to the identity. The problems caused by the disclosure of information about the individual identity are closely related to the life of the general public, so the issue of disclosure of the contents of the family register and the presentation of alternatives have been actively discussed. However, the result of the amendment of the Family Relations Registration Act seems to be inferior in terms of privacy protection. Even if the change of the perception of the family has been made, it should take utmost caution in terms of protection of personal information. First, it is subjective to judge whether or not the personal information to be concealed is confidential. If they do not want the disclosure, they will have to limit disclosure. Second, identity information with personal value is characterized by the fact that it is harder to recover than personal information with property value at the time of leakage. The consequences of personal information infringement are likely to be less likely to recover than any type of loss. Therefore, when collecting and using personal information about the individual, the state should gather only the necessary information and disclose the minimum information. Also, in the revision of the related laws, the protection of personal information should be prioritized rather than administrative efficiency or rationality.

발행기관:
한국가족법학회
DOI:
http://dx.doi.org/10.31998/KSFL.2018.32.2.67
분류:
법학

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가족관계등록부의 공시기능과 개인정보보호 | 가족법연구 2018 | AskLaw | 애스크로 AI